M/S RICHA CONSTRUCTIONS CO vs M/S NBCC (INDIA) LTD

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.11.2025 + CM(M) 1864/2024 M/S RICHA CONSTRUCTIONS CO .....Petitioner Through: Ms. Madhumita Bhattacharjee and Ms. Srija Choudhary, Advocates. versus M/S NBCC (INDIA) LTD .....Respondent Through: Mr. Vikrant Pachnanda, Advocate (through videoconferencing). CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner has assailed order dated 10.11.2023 of the learned trial court, whereby Objections under Section 34 of the Arbitration and Conciliation Act, filed by the present respondent, which had been dismissed in default on 19.11.2022, were restored. I have heard learned counsel for both sides. 2. Broadly speaking, the case set up by the present respondent before the trial court was that on 19.11.2022, counsel for the present respondent could not appear on account of her ill health and thereafter, the present respondent remained unaware about dismissal of the Objections in default. It is only in the month of January, 2023 that the present respondent came to know about CM(M) 1864/2024 Page 1 of 4 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afe c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 Digitally Signed 5570996b40f80cbd2eee60402c487965ff8 01e26fa, cn=GIRISH KATHPALIA Date: 2025.11.14 18:13:17 -08'00' By:NEETU N NAIR Signing Date:14.11.2025 18:44:42 the dismissal of the Objections in default, so moved an application for restoration of the Objections, which application was allowed by way of order impugned in this petition. 3. The only objection against the impugned order raised by the present petitioner